| 21. |
- Haupt, Dirk Roland
(författare)
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Internationell investeringsgarantirätt : Det multilaterala investeringsgarantiorganet MIGA
- 1996. - 1
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Avhandlingens analyserar de folkrättsliga reglerna om skydd av utländska investeringar mot icke-kommersiella, d v s politiska risker (i synnerhet valutaöverföringsrisker, risker för expropriering och liknande åtgärder, risker för kontraktsbrott, krigsrisker och risker för inre oroligheter) genom investeringsgarantier i och med tillkomsten av det Multilaterala investeringsgarantiorganet MIGA.
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| 22. |
- Hästbacka, Rasmus, 1978-
(författare)
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Europeiska företagsråd i svenska koncerner : en rättsvetenskaplig studie av EWC-regleringens betydelse för arbetstagarinflytande och styrning av multinationella koncerner
- 2017
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The subject matter of this licentiate thesis concerns the two EU directives on European Works Councils. The analysis is confined to the Swedish implementation of these directives into Swedish law. The thesis defines the term "EWC regulation" to encompass both the Swedish levels of EWC legislation and the regulation of EWCs by EWC agreements themselves.The overall objective is to gain an increased understanding of the function of EWC regulation. This requires a normative analysis of both EU and national law as well as an empirical study of the application. The thesis includes a number of agreements on EWCs based on the Swedish legislation and their application in corporations based in Sweden. Three multinational corporations in the health care sector, financial sector and metal industry have been selected.The focus lies on the regulation's practical significance for worker influence and corporate governance. A distinction is made between rules on worker participation (in law) and worker influence (in practice). As a point of departure the author combines the theory of reflexive law with concepts borrowed from the fields of management studies and economic history. The methods used consist of doctrinal legal interpretation and semi-structured interviews.The key findings run as follows. The EWC regulation generates worker influence by enhancing the knowledge and unity of worker representatives. The regulation facilitate corporate governance by strengthening the legitimacy of management, improving the decision basis and channels of communication. The worker influence is, under proper circumstances, strong in issues such as reorganizations, reassignments, health and safety. The influence is weaker in situations of relocation, outsourcing across national borders and other forms of regime shopping.
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| 23. |
- Juma-Nyabinda, Richard, 1951-
(författare)
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The requirement democratic elections in international law
- 2005
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The main purpose of this study is to examine the legal status of the requirement of democratic elections in international law. The starting point of this legal analysis is article 38 (1) of the International Court of Justice, which provides the list of classical sources for the process of law making within the international legal system. In this article, international conventions, international custom and general principles of law are listed as the primary sources of making rules of international law, while writings of learned publicists are listed as the subsidiary sources. My thesis is that if the analysis undertaken in this study reveals that the requirement of democratic elections is recognised by any of the primary sources, then it is part of the binding body of international law. However, from methodological point of view other sources beyond those listed in Article 38(1) e.g. resolutions of international organisations have been included in the analysis of international law making in this study. In order to determine the legal status of the requirement of democratic elections, an analysis is undertaken on global as well as regional human rights treaties within the international human rights system, if any, which recognise the requirement of democratic elections. Other sources e.g. the writings of learned publicists, judicial decisions, declaratory pronouncements at both the universal and regional levels as well as State constitutions are also analysed with a view to expose whether they embody the requirements of democratic elections. Finally, an extensive study of contemporary state practices, which might confirm if there is a trend of international law developing in pro-democratic directions, is also undertaken. Such a trend lends support to the requirement of democratic elections being part of customary international law. The examples of such practices analysed include the international community efforts in the monitoring and supervision of elections and recognition of states and governments. The author reaches a legally appropriate conclusion concerning the legal status of the requirement of democratic elections in international law based upon the results of the above analysis.
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| 24. |
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| 25. |
- Kronblad, Charlotta, 1979
(författare)
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The Last Hour: How Digitalization has Transformed Firms in the Legal Industry
- 2019
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This licentiate thesis explores how digitalization has transformed firms in the legal industry. Based on a qualitative study of 22 law firms I explore what digitalization has entailed for firms and its wider effects. The aim is to understand the digital transformation of the industry as well as the effects for individual law firms. The analysis targets changes to the distinctive characteristics of law firms as well as the implications for their practices. The key finding is that digitalization has caused massive changes to their previous characteristics of high knowledge intensity, low capital intensity and a professionalized workforce, which in turn has altered the competitive context and triggered a variety of business responses. For instance, many new firms are challenging the logic of hourly billing and are creating alternatives to this practice. This suggests that we are approaching the last hour for the hourly dominance among law firms. However, the data show a split between firms, where it is mainly new players that employ new practices while incumbents remain largely the same. By applying a lens of institutional theory, I uncover why and argue that the dominant logic of law firms makes it difficult for incumbents to adapt to digitalization, whereas new firms use the institutional complexity introduced by digitalization to exploit new opportunities by adapting or creating new practices. These changes have resulted in a heterogeneity among law firms making one single categorization of them impossible. Therefore, this thesis propose that we update our existing assumptions about law firms in particular, and professional service firms in general, in order to explain and forecast their behavior moving forward.
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| 26. |
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| 27. |
- Larsson, Stefan
(författare)
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Between Daring and Deliberating : 3G as a Sustainability Issue in Swedish Spatial Planning
- 2008
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The thesis shows how different aspects of sustainable development have been handled or not handled in the third generation infrastructure development in Sweden. The difference between the design of the 3G development – emphazising competition, growth and regional access, based on a strong technological optimism - and the implementation, as the roll out struck the landscape, including the non-handled radiation issue and the legal changes in order to facilitate the roll out, is discussed and analyzed. The roll out formally started in late 2000 as the licence allocation process, the so called beauty contest, was finished. Four operators were to build partly competing systems within three years, each covering 8 860 000 persons, more than 99,98 percent of the populated areas. The Post and Telecommunications Agency can sanction operators not fulfilling licence conditions by a considerable fine. The coverage by the end of the period was between 66 and 74 percent of the promised 8 860 000, with only three remaining operators still participating. Not until 1 December 2006 did the first operator report the required coverage, followed by the two remaining operators by 1 June 2007. The municipal permit handling was blamed for the delay, a reason that “could not have been foreseen”, which helped the operators avoid sanctions from the PTA. The thesis shows that a slow municipal permit process can not explain the lack of coverage in some areas of Sweden. Environmental aspects were not handled at national level but assessed locally in the building permit handling, as well as the regional 12:6 consultations at the County Administrations. This is why the municipal permit process holds many of the keys regarding environmental management and planning. Therefore the permit processes regarding 3G masts has been charted as they developed in time and screened for main issues and conflicts. Public participation can be found in the local context tied to the legal concept of being a concerned party in the permit process, or the 12:6 consultation. In spite of this, the much debated radiation issue is lifted from the participative aspects and legally defined as not relevant. The theoretical basis of the analysis combines spatial planning and sociology of law, applying the sociological concept of norms as entities controlling action on the discussion of two different paradigms of governance derived from planning theory. The thesis project has been a part of a study within the MiSt programme, an interdisciplinary research programme on tools for environmental assessment in strategic decision making funded by the Swedish Environmental Protection Agency. Supervisors: professor Lars Emmelin, School of Planning, Blekinge Institute of Technology Karsten Åström, professor in sociology of law, Lund University
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| 28. |
- Massaro, Maria, 1989
(författare)
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Radio Spectrum Regulation in the European Union A three-level context
- 2017
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In the light of the unprecedented growth of mobile broadband services, radio spectrum regulation is undergoing a substantial review in the European Union (EU). The radio spectrum presents a three-level regulatory context. At international level, the International Telecommunications Union (ITU) regulates the allocation of radio spectrum. At regional level, the European Conference of Postal and Telecommunications Administrations (CEPT) promotes cooperation and coordination between European countries. At national level, National Regulatory Authorities (NRAs) are responsible for assigning the radio spectrum. In addition, the EU has also the power to regulate the radio spectrum. The EU regulatory framework for radio spectrum has only recently been set up. Therefore, an exhaustive understanding of the role of the EU in the three-level regulatory context of radio spectrum is still lacking.Against this background, the purpose of this thesis is to shed light on the implications of the EU regulatory framework for radio spectrum. In other words, this thesis aims to address the following research question: how does the EU influence the three-level regulatory context of radio spectrum? In order to answer this research question, three academic papers are written, each focusing on the role of the EU in one regulatory level. Paper 1 focuses on the international level. Theories of international relations are employed to assess the effectiveness of the EU in influencing international negotiations on radio spectrum regulation. Paper 2 explores the regional level. Theories of EU integration provide the tools to understand the issue of competence distribution between EU and EU member states in the policy field of radio spectrum. Paper 3 deals with the national level. Theories on the regulation-innovation relation guide the assessment of a specific national regulatory regime, which has been particularly promoted by the EU. Although radio spectrum assignment is a national responsibility, the EU may indirectly impact on the national context by providing EU member states with ideas on innovative regulatory tools.A qualitative research strategy is adopted to conduct the research work described in this thesis. In particular, this research work is characterised by an iterative inductive-deductive process between theory and empirical data, whereby purpose, theoretical framework and data collected progressively and mutually shape one another. This thesis is mainly based on secondary data, retrieved from official documents, reports, news articles, academic papers and books. Backward and forward snowballing techniques are used to systematically find relevant secondary sources of data.This thesis concludes that the EU regulatory framework influences the three regulatory levels of radio spectrum to different extents. Firstly, the EU influences the international level thanks to the presence of the European Commission (EC) in international fora. The EC has the right to attend international negotiations on radio spectrum regulation and can oversee the actions of EU member states. Secondly, the EU impacts on the regional level by promoting harmonised availability of radio spectrum across the EU. To this objective, the EU adopts policy instruments which are legally binding for all EU member states. Furthermore, the EC cooperates with the CEPT in order to build consensus across the EU. Thirdly, the EU’s influence on the national regulatory level is confined to general regulatory principles for radio spectrum assignment. Nevertheless, the EU can still leverage on national regulation, by encouraging EU member states to adopt specific regulatory instruments.Although interesting implications of the EU regulatory framework for radio spectrum are ascertained in this thesis, the influence of the EU on the three-level regulatory context of radio spectrum has not been captured thoroughly. Future research in the form of a more systematic evaluation of the EU’s actorness (Bretherton & Vogler, 2006) is necessary to capture the relevance of the EU’s influence on both the international and regional regulatory levels. In addition, a detailed analysis of the issue of competence distribution between EU and EU member states is critical for better evaluating the extent to which the EU influences radio spectrum regulation at national level.
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| 29. |
- Minssen, Timo
(författare)
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Patenting human DNA sequences in Europe and the US - A comparative analysis of patentability requirements for nucleic acid sequences with special emphasis on novelty and inventive step
- 2005
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Licentiatavhandling (övrigt vetenskapligt/konstnärligt)abstract
- DNA is presently at the centre of a storm. On the one hand, the breathtaking development of DNA related sciences during the last decades led to a technological and medical revolution. Due to the far reaching possibilities connected to this technology, it is the focus of many people’s interest and one source of the hope that one day we will find cures for terrible illnesses. Unsurprisingly, DNA related biotechnological science has at the same time become a very important economic factor in global business. On the other hand, the public has been made much more concerned about the level of knowledge about the human blueprint and how it is applied and commercialized. These debates are highly emotional. This is particularly so with regard to the question of whether it should be possible to patent human DNA. In the often heated debate on the subject there are, by and large, two schools of thoughts. The first is convinced that DNA is simply a chemical compound, albeit a complex one, and takes the view that it must be possible to grant patents on DNA, as on any other chemical compound. The approach taken by the US and European patent authorities basically follows this line of thinking and consequently the grant of (human) DNA related patents has become routine. The second school of thought sees DNA as much more than a pure chemical structure. They argue that DNA is the embodiment and incarnation of the code of life and is part of the common heritage of mankind. They believe that any form of appropriation or patents on DNA is absolutely wrong. Both points of view are bogged down in their own logic and it seems to be extremely difficult to find a compromise. Moreover there is a continuing debate among those who support patents on DNA sequences over the threshold-requirements for receiving such a patent, the appropriate extent of its entitlements and its preclusive effects. Especially the specific issue of patents on partial sequences (ESTs and SNPs) and DNA sequences whose functions and applications have not fully been specified is heavily discussed, since they may have a chilling effect on beneficial research.The purpose of my PhD is to scrutinize this latter debate. I want to investigate different possibilities for patenting (and perhaps even licensing) human DNA technology in the US and Europe. The main goal of my research is to balance the arguments of the parties involved in the debate over specific human DNA related patents, in order to outline a reasonable legal approach that would lead to an acceptable compromise on how to combine economic interests with the necessary freedom of research and an effective product development in the field of healthcare. Naturally this will involve a thorough examination of the scope of protection that is given to various human DNA related inventions by the respective the patent offices. This licentiate thesis represents the first sections of my doctoral project and deals with basic patentability requirements that have a more indirect effect on the scope of genetic patents, namely patentable subject matter novelty and inventive step.
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| 30. |
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